Questions and Answers regarding the withdrawal of the licence of Nemea Bank (30 March 2017)
Now that the MFSA has made a determination that deposits held with Nemea Bank are unavailable, the Depositor Compensation Scheme (DCS) in Malta will cover deposits up to a maximum of Euro 100,000 per depositor. In case of joint account holders, each holder is allowed to receive up to a maximum of Euro 100,000 subject always to the Euro 100,000 limit applicable to all accounts held by a person.
All eligible deposit accounts are covered by the Scheme. This includes all savings, current and fixed deposit accounts, as well as any accounts which, at the time of the banks’ failure, may be in credit (such as credit card accounts and overdrafts).
No, you will not be required to apply for compensation as the DCS shall be required to obtain information about your deposits directly from Nemea Bank’s systems. Payment of compensation will be effected on the basis of information which the bank will pass on to the DCS.
4. I have a number of accounts at Nemea, denominated in various currencies. Are all currencies covered and how will payment of compensation be calculated?
The DCS covers deposits in all currencies without distinction.
In addition, as you have more deposits at Nemea, all your deposits at Nemea Bank are added up and the total is subject to the limit of compensation of EUR100, 000 per depositor.
However, the DCS shall pay such compensation in euro. Therefore if your account is in any currency which is not the euro, the Scheme will exchange the amount in your account (with any accrued interest) into euro at the official exchange rate of the European Central Bank (ECB) as at 30 March 2017, being the date of determination.
The DCS is obliged to pay compensation within 20 working days from the date following the date of determination, that is by not later than 2nd May 2017. The DCS may also defer payment in regard to balances held in dormant accounts. A dormant account is an account in which there have been no transactions within the previous 24 months (two years). Therefore, if your bank has classified an account to be dormant any balances will not be taken into account by the DCS for the purposes of calculating compensation. You may apply to the DCS – at a later stage – for additional compensation (i.e. within the maximum limit of €100,000) for any amounts held in such dormant account. However, the DCS may still refuse to pay such additional compensation if the value of the deposit is lower than the administrative cost that would be incurred by the DCS in making such a payment.
Payment for accounts under nominee or trusteeship may also be deferred.
The DCS will send the compensation to each depositor in the bank account held with another bank, indicated in the information sent by Nemea Bank to the DCS when there is a determination. In the event that there is no such bank account details, the DCS will affect the compensation by means of a cheque payment which will be sent to the depositor’s address indicated via the bank’s information.
The maximum amount which the DCS is obliged to pay to depositors is €100,000.
This limit applies to the total amount of deposits held by the depositor with Nemea Bank, irrespective of the number of accounts and the currencies of such accounts.
In addition to the compensation of €100,000, some depositors may therefore also qualify to receive additional compensation not exceeding €500,000, known as a Temporary High Balances, if the amount to the depositor’s account is derived from the following life events:
(a) Monies deposited in preparation for the purchase of a private residential property by the depositor; or
(b) Monies which represent the proceeds of sale of a private residential property of the depositor; or
(c) Sums paid to the depositor in respect of:-
- A separation, divorce or dissolution of their civil union; or
- Benefits payable on retirement; or
- A claim for compensation for unfair dismissal; or
- A claim for compensation for redundancy; or
- Benefits payable for death or bodily injury; or
- A claim for compensation for wrongful conviction
If you feel that you may be eligible for such an additional compensation then you are required to lodge a claim with the DCS by filling out this form. You will also need to provide supporting documentation for the DCS to be able to assess your claim.
The share of each depositor of a joint account shall be considered separately in calculating compensation. In the absence of contrary provision, the joint account shall be divided equally among the depositors.
Deposits in an account with two or more persons are entitled as members of a business partnership, without legal personality, shall be aggregated and treated as if made by a single depositor for the purpose of calculating compensation.
Where a depositor is not absolutely entitled to the sums held in an account and another person is absolutely entitled to such sums, the person who is absolutely entitled shall be entitled to compensation in respect of the deposit.
In respect of deposits held by a person acting as trustee or nominee for one or more persons, the deposit making up the claim shall be deemed to belong to the beneficial owners equally unless there exists specific information which may otherwise determine the beneficial interests of such persons. It is up to the trustee or nominee to provide the DCS with information about the names and amounts due to such beneficial owners. Indeed, such types of accounts would not be paid by the DCS within the time limits explained to above. After the determination the DCS will invite account holders operating such accounts to provide it with a detailed list of the beneficial owners of such accounts to enable the DCS to pay such compensation that may be due to such beneficial owners.
Nemea Bank is a small bank, licenced in 2008 that has only recently commenced its deposit-taking operations, starting in October 2014. In view of the small size of the bank relative to the overall Maltese banking sector, the measures adopted by the MFSA are not expected to affect the resilience of the Maltese banking sector which is highly capitalised and adequately resourced.